JUVENILE COURT DEPENDENCY HEARINGS

JUVENILE COURT DEPENDENCY HEARINGS
DETENTION HEARING: WIC §319, CRC 5.666-5.680
Presumption: The minor shall be released to the parents unless legal
grounds are established to temporarily detain the minor
Burden of Proof: Prima Facie evidence (evidence which suffices
until contradicted).
Burden of Production: The government.
Time Lines: A minor may be detained in protective custody for 15
days pending a jurisdictional hearing.
JURISDICTIONAL HEARING: WIC §§300, 350, 355.1 CRC 5.682-5.684
Presumption: Unexplained non-accidental serious injuries while in
the care/custody of parent are presumed to be the result of abuse or
neglect.
Burden of Proof: Preponderance of evidence that petition is true.
Burden of Production: The government.
Time Lines: 15 days after the Detention hearing if child is out of
home, 30 days if child remains home.
DISPOSITIONAL HEARING: WIC §§360-362.6 CRC 5.690-5.705
Presumption: None.
Placement: The minor shall be placed in the custody of the parents
unless clear and convincing evidence of detriment. If the Court
removes a minor from a custodial parent:
􀂾 The minor will be placed with a previously non-custodial parent
unless such placement would be detrimental.
􀂾 Preferential consideration for placement will be given to a
request by certain relatives.
Reunification: Parents will usually receive reunification services.
Burden of Proof: Clear and convincing evidence of substantial risk
of danger to child in order to remove from parent’s custody.
Burden of Production: The government.
Time Lines: 10 days after the Jurisdictional hearing if child is out of
home, 30 days if child remains home or if government seeks to deny
reunification services.
SIX-MONTH REVIEW HEARING: WIC §§364, 366.21, 366.22 CRC 5.710
Presumptions:
􀂾 The minor shall be returned to the parents unless there is a
substantial risk to the minor’s physical or emotional well being
or when the parents have failed to participate regularly in any
Court ordered treatment programs.
􀂾 If minor remained home, terminate dependency unless continued
supervision is necessary.
Burden of Proof: Preponderance of evidence. (If government wants
to terminate Reunification Services, must be clear and convincing
evidence).
Burden of Production: The government.
Time Lines: 6 months from the “entry into foster care”. “Entry into
foster care” is defined as date of Jurisdictional Hearing or 60 days
after initial removal, whichever comes first.
TWELVE-MONTH PERMANENCY HEARING: WIC §§364, 366.21(f)(g), CRC 5.715
Presumptions:
􀂾 The minor shall be returned to the parents unless there is a
substantial risk to the minor’s physical or emotional well being
or when the parents have failed to participate regularly in any
Court ordered treatment programs.
􀂾 If minor remained home, terminate dependency unless continued
supervision is necessary.
􀂾 When the minor is not returned to the parents, services will be
terminated unless there is a substantial probability that the minor
will be returned to the custody of the parents within six months
or unless reasonable services have not been provided.
Burden of Proof: Preponderance of evidence, to determine if
detrimental for child to return home. Clear and convincing evidence
to determine if reasonable services were provided.
Burden of Production: The government.
Time Lines: 12 months from the “entry into foster care”. “Entry into
foster care” is defined as date of Jurisdictional Hearing or 60 days
after initial removal, whichever comes first.
EIGHTEEN-MONTH PERMANENCY REVIEW HEARING: WIC §366.22, CRC 5.720
Presumptions:
􀂾The minor shall be returned to the parents unless there is a
substantial risk to the minor’s physical or emotional well being or
when the parents have failed to participate regularly in any Court
ordered treatment programs.
􀂾If minor remained home, terminate dependency unless continued
supervision is necessary.
Burden of Proof: Preponderance of evidence.
Burden of Production: The government.
Time Lines: In no event later than 18 months after the Detention
Hearing.
SELECTION AND IMPLEMENTATION HEARING: WIC §366.26, CRC 5.725-5.735
Presumption: If the minor is adoptable, parental rights will be
terminated unless adoption would be detrimental to the child.
Burden of Proof: Clear and convincing evidence that the minor child
will be adopted.
Burden of Production: The government.
Time Lines: 120 days from Order Terminating Reunification
Services.
POST PERMANENCY PLANNING HEARING: WIC §366.3, CRC 5.740
This hearing determines if progress is being made to find a
permanent home for the child and if the case can be dismissed.
Presumption: Continued out of home care is in the best interest of
the child.
Burden of Proof: Usually preponderance of evidence.
Burden of Production: On anyone proposing a change.
Time Lines: Every six months until case is dismissed.
Fresno County Superior Court, Juvenile Dependency Division
Revised August 2008
CLOSED OPEN
INTAKE INVESTIGATION
PROTECTIVE CUSTODY
CLOSED INFORMAL
SUPERVISION
FILE
PETITION
RELINQUISH
DETENTION/ARRAIGNMENT HEARING
JURISDICTIONAL HEARING
PETITION DISMISSED PETITION SUSTAINED
DISPOSITIONAL HEARING
CHILD AT HOME
REUNIFICATION PERMANENCY
PLANNING
CHILD REMOVED
6 MONTH REVIEW HEARING
12-MONTH PERMANENCY HEARING
18-MONTH PERMANENCY
REVIEW HEARING
366.26 – HEARING
SELECTION & IMPLEMENTATION
120 Days from the Order Terminating
Reunification Services
LONG TERM
FOSTER CARE
GUARDIANSHIP
W/O DEPENDENCY
ADOPTION
POST PERMANENCY PLANNING HEARING
Monitor Placement Plan
300 Flowchart
72
Hours
CHILD STAYS HOME
15 Days Protective Custody; 30 Days Child Stays Home
Emergency Response
10 Days Protective Custody
30 Days Child Stays Home
REMAIN IN
FOSTER CARE W/
REUNIFICATION
REMAIN IN
FOSTER CARE
W/O
REUNIFICATION
REMAIN IN
FOSTER CARE W/
REUNIFICATION
REMAIN IN
FOSTER CARE
W/O
REUNIFICATION
RETURN
HOME
REMAIN IN
FOSTER CARE
W/O
REUNIFICATION
FAMILY MAINTENANCE
REVIEW
Every 6 months until
dependency is terminated
GUARDIANSHIP
W/ DEPENDENCY
RETURN
HOME
RETURN
HOME